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ucceed to their father's possessions as a consequence of the law of nature； which it is not。
The law of nature ordains that fathers shall provide for their children； but it does not oblige them to make them their heirs。 The division of property； the laws of this division； and the succession after the death of the person who has had this division can be regulated only by the community； and consequently by political or civil laws。
True it is that a political or civil order frequently demands that children should succeed to their father's estate； but it does not always make this necessary。
There may be some reasons given why the laws of our fiefs appoint that the eldest of the males； or the nearest relatives of the male side； should have all； and the females nothing； and why； by the laws of the Lombards；＇12＇ the sisters； the natural children； the other relatives； and； in their default； the treasury might share the inheritance with the daughters。
It was regulated in some of the dynasties of China that the brothers of the emperor should succeed to the throne； and that the children should not。 If they were willing that the prince should have a certain degree of experience； if they feared his being too young； and if it had become necessary to prevent eunuchs from placing children successively on the throne； they might very justly establish a like order of succession； and when some writers have treated these brothers as usurpers； they have judged only by ideas received from the laws of their own countries。＇13＇
According to the custom of Numidia；＇14＇ Desalces； brother of Gala； succeeded to the kingdom； not Massinissa； his son。 And even to this day； among the Arabs in Barbary； where each village has its chief； they adhere to this ancient custom； by choosing the uncle； or some other relative to succeed。＇15＇
There are monarchies merely elective； and since it is evident that the order of succession ought to be derived from the political or civil laws； it is for these to decide in what cases it is agreeable to reason that the succession be granted to children； and in what cases it ought to be given to others。
In countries where polygamy is established； the prince has many children； and the number of them is much greater in some of these countries than in others。 There are states＇16＇ where it is impossible for the people to maintain the children of the king； they might therefore make it a law that the crown shall devolve； not on the king's children； but on those of his sister。
A prodigious number of children would expose the state to the most dreadful civil wars。 The order of succession which gives the crown to the children of the sister； the number of whom is not larger than those of a prince who has only one wife； must prevent these inconveniences。
There are people among whom reasons of state； or some maxims of religion； have made it necessary that the crown should be always fixed in a certain family： hence； in India； proceeds the jealousy of their tribes；＇17＇ and the fear of losing the descent； they have there conceived that never to want princes of the blood royal； they ought to take the children of the eldest sister of the king。
A general maxim： it is an obligation of the law of nature to provide for our children； but to make them our successors is an obligation of the civil or political law。 Hence are derived the different regulations with respect to bastards in the different countries of the world； these are according to the civil or political laws of each country。
7。 That we ought not to decide by the Precepts of Religion what belongs only to the Law of Nature。 The Abassines have a most severe lent of fifty days； which weakens them to such a degree that for a long time they are incapable of business： the Turks do not fail to attack them after their lent。＇18＇ Religion ought； in favour of the natural right of self…defence； to set bounds to these customs。
The Jews were obliged to keep the Sabbath； but it was an instance of great stupidity in this nation not to defend themselves when their enemies chose to attack them on this day。＇19＇
Cambyses； laying siege to Pelusium； set in the first rank a great number of those animals which the Egyptians regarded as sacred； the consequence was that the soldiers of the garrison durst not molest them。 Who does not see that self…defence is a duty superior to every precept？
8。 That we ought not to regulate by the Principles of the canon Law Things which should be regulated by those of the civil Law。 By the civil law of the Romans；＇20＇ he who took a thing privately from a sacred place was punished only for the guilt of theft； by the canon law； he was punished for the crime of sacrilege。＇21＇ The canon law takes cognizance of the place； the civil laws of the fact。 But to attend only to the place is neither to reflect on the nature and definition of a theft； nor on the nature and definition of sacrilege。
As the husband may demand a separation by reason of the infidelity of his wife； the wife might formerly demand it on account of the infidelity of the husband。＇22＇ This custom； contrary to a regulation made in the Roman laws；＇23＇ was introduced into the ecclesiastic court；＇24＇ where nothing was regarded but the maxims of canon law； and indeed； if we consider marriage as a thing merely spiritual； and as relating only to the things of another life； the violation is in both cases the same； but the political and civil laws of almost all nations have； with reason； made a distinction between them。 They have required from the women a degree of reserve and continency which they have not exacted from the men； because in women； a violation of chastity supposes a renunciation of all virtue； because women； by violating the laws of marriage； quit the state of their natural dependence； because nature has marked the infidelity of women with certain signs； and； in fine； because the children of the wife born in adultery necessarily belong and are an expense to the husband； while the children produced by the adultery of the husband are not the wife's； nor are an expense to the wife。
9。 That Things which ought to be regulated by the Principles of civil Law can seldom be regulated by those of Religion。 The laws of religion have a greater sublimity； the civil laws a greater extent。
The laws of perfection drawn from religion have more in view the goodness of the person that observes them than of the society in which they are observed； the civil laws； on the contrary； have more in view the moral goodness of men in general than that of individuals。
Thus； venerable as those ideas are which immediately spring from religion； they ought not always to serve as a first principle to the civil laws； because these have another； the general welfare of society。
The Romans made regulations among themselves to preserve the morals of their women； these were political institutions。 Upon the establishment of monarchy； they made civil laws on this head； and formed them on the principles of their civil government。 When the Christian religion became predominant； the new laws that were then made had less relation to the general rectitude of morals than to the holiness of marriage； they had less rega